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Chapter 8.

5
LABOR RELATIONS AND TRAINING
J OSEPH W.R. L AWSON II AND FREDERICK H. R ICHARD

6. Whether there has been discussion of proposals.


8.5.1 MANAGEMENT’S LABOR RELATIONS
7. The duration of negotiations.
RESPONSIBILITIES IN LABOR NEGOTIATIONS 8. Whether there have been inconsistent positions taken.
9. Whether there has been withdrawal of offers or conces-
8.5.1.1 Employer’s “Good Faith” Bargaining sions.
10. Whether the employer is willing to take a position on
Requirements. economic issues.
11. Whether either party has attempted to delay the negotia-
Once the status of a bargaining representative for employees tions.
is established, the National Labor Relations Act imposes a duty 12. Whether either party has used evasive tactics.
on both the employer and the bargaining representative to bar- 13. Whether the employer has made any unilateral changes
gain “in good faith.” Specifically, Section 8(d) states: in working conditions.
“For the purposes of this section, to bargain collectively is 14. Whether the employer has attempted to deal directly
the performance of the mutual obligation of the employer and with the employees rather than with the union.
the representative of the employees to meet at reasonable times 15. Whether negotiators have been given sufficient authority
and confer in good faith with respect to wages, hours, and other to carry on meaningful negotiations.
terms and conditions of employment, or the negotiation of an Any one of these factors alone does not constitute “bad
agreement, or any question arising thereunder, and the execution faith” in itself. However, if many of them are present, the bar-
of a written contract incorporating any agreement reached if gaining will be deemed to be “in bad faith.”
requested by either party, but such obligation does not compel
either party to agree to a proposal or require the making of a
concession.” (Anon., 1959.) 8.5.1.4 Management Guidelines in Dealing
In addition, under Section 8(b)(3), it is an unfair labor prac- Directly with Employees During Labor
tice for a labor organization “to refuse to bargain collectively
with an employer, provided it is the representative of his em- Negotiations
ployees. . . .” Once the representative status of a union is established, the
What constitutes “good faith” on the part of the employer employer is required to deal with the employees through the
or the union is difficult to define; indeed, the National Labor union rather than dealing with the union through the employees.
Relations Board (NLRB) has described the test of good faith as Thus any attempts by the employer to bypass the union represen-
a fluctuating one, “dependent in part upon how a reasonable man tative may be held to be evidence of bad faith.
might be expected to react to the bargaining attitude displayed by The Board has condemned employer attempts to deal di-
those across the table” (Anon., 1959). rectly with employees in order to undermine a certified union
bargaining agent. Examples of conduct that the Board has found
8.5.1.2 “Good Faith”–What Does it Mean to the objectionable are:
1. Offering the employees a wage raise if they will disavow
NLRB? the union.
Although it is difficult to establish a precise definition of the 2. Seeking individual contracts with employees after having
term “good faith,” the basic requirement of good faith bargaining recognized a union.
is that both the union and the employer must negotiate with the 3. Making speeches or statements to employees demonstra-
view of trying to reach an agreement. The bargaining obligation ting anti-union sentiments.
is not satisfied merely by going through the notions without It should be noted that the employer is free to communicate
actually seeking to adjust differences. In order to determine with his employees both during contract negotiations and during
whether the conduct of the union and employer meets this gen- the term of the collective bargaining agreement, so long as his
eral requirement, the Board and the courts look to all the relevant communications do not undermine the employees’ bargaining
facts of the case; the “totality of conduct” of the parties is the agent. For example, an employer is free to tell his employees
standard for testing the quality of the negotiations. about the proposals he has made to the union during contract
negotiations, and he may even attempt to convince them of their
fairness, so long as his conduct does not amount to an attempt
8.5.1.3 “Good Faith Bargaining” Factors to bypass the representative.
In examining the conduct of a union or an employer, the The Supreme Court, in NLRB v. Wooster Division of the
Board and the courts look to the following, among others, to Borg- Warner Corp., 356 U.S. 342, 42 LRRM 2038 (1958), clari-
ascertain whether the parties have bargained in “good faith:” fied an employer’s duty to bargain “in good faith.” The Court
1. Whether concessions have been made. divided lawful subjects of bargaining into two groups: mandatory
2. Whether an adamant position has been taken. subjects and nonmandatory (permissive) subjects. The Court
3. What proposals and demands have been made, and when read Section 8(a)(5) and Section 8(d) in combination and stated
they have been made. “. . . these provisions establish the obligation of the employer
4. Whether counter-proposals have been made. and the representative of its employees to bargain with each
5. The sufficiency of the company offer. other in good faith with respect to “wages, hours, and other
628 MINING ENGINEERING HANDBOOK
terms and conditions of employment. . . .” The duty is limited Rest and lunch periods
to those subjects, and within that area neither party is legally Plant rules of conduct
obligated to yield. . . . As to other matters, however, each party Grievance procedures and arbitration
is free to bargain or not to bargain, and to agree or not to agree.” Promotions, transfers, layoffs, recalls, etc.
Work loads
Discharge and discipline
8.5.1.5 Mandatory Subjects of Bargaining Safety and safety rules
An employer must bargain with the union about “rates of Probationary and trial periods
pay, wages, hours, and other terms and conditions of employ- Testing of employees, including use of lie detectors
ment.” This duty encompasses such topics as bonuses, pension Job-required clothing or equipment
plans, profit-sharing plans, stock purchase plans, merit wage Job duties
increases, and company meals, discounts, and services. Job qualifications and certification requirements
Mandatory subjects of bargaining are not only topics that Workplace facilities and conveniences
an employer is compelled by law to negotiate in good faith, but Seniority accumulation (loss and application)
also include topics where an employer is barred from unilateral Work assignments
action. An employer never has a legal duty to concede a manda- 5. Management Rights and Union-Management Rights
tory subject during bargaining, but he must bargain over these Subcontracting
topics until an agreement is reached or the parties come to an Management rights clause
impasse. Refusal to bargain about a mandatory subject prior to Effects on employees of plant closure, relocation, sale,
impasse is a Section 8(a)(5) violation. etc.
Mandatory subjects of bargaining include: Union shop or other union security agreement (unless
1. Wage Compensation for Services state law prohibits)
Wages Dues checkoff clauses
Salaries Bargaining unit work
Incentive pay or bonus No-strike clause
Shift premiums Union hiring halls
Overtime premiums Nondiscrimination clauses
Premium pay for work on Sundays and holidays Waiver or “zipper” clauses
Merit pay increases “Most favored nation” clause
Equity pay adjustments Arrangements for labor contract negotiations
Cost of living adjustments (COLAS)
Premium payments for undesirable schedules of work
Red-circle pay
Longevity pay or premiums 8.5.1.6 Non-mandatory Subjects of Bargaining
Pay for training
2. Wage Compensation for Nonworked Time Nonmandatory or “permissive” subjects of bargaining are
Holidays all legal topics that fall outside the phrase “rates of pay, wages,
Vacations hours, and other terms and conditions of employment.” The law
Jury duty pay permits, but does not compel, an employer to bargain about
Funeral or bereavement pay these topics. Some of these topics include industry promotion
Call-in or call-back pay funds, settlement of charges, union labels, and internal union
Report-in pay or daily/weekly minimum pay affairs. An employer may never insist to the point of impasse on
Stand-by pay a permissive subject of bargaining. Insistence on a permissive
Travel pay subject of bargaining is a Section 8(a)(5) violation. (Anon., 1957)
Pay for time spent on union business Nonmandatory subjects of bargaining include:
Pay for time spent on safety matters Definition of bargaining unit
Severance pay Conditions affecting supervisors
Pay for lost wages due to contract violation Formal parties to the collective bargaining agreement
3. Non wage Benefits Performance bonds
Holiday bonuses or “gifts” Legal liability or indemnification clauses
Pension benefits for current employees when they retire Identity of either party’s bargaining representatives
Profit-sharing plans Internal union affairs including contract ratification
Stock purchase or bonus plans procedures
Employer-provided or employer-reimbursed housing, Union label
meals, and services Industry promotion funds
Medical, life, sickness and accident, dental and vision Settlement of unfair labor practice charges
plans Multi-employer or multilevel negotiations
Legal services plans Pension benefits for persons presently retired
Discounts on company products Interest arbitration
Leaves of absence (paid or unpaid) Recording or transcribing of negotiations
Clothing and tool allowances or benefits Closed shop (illegal)
Company-provided or employer-reimbursed transpor- Hot cargo clauses (illegal)
tation Clauses which are racially or sexually discriminatory
Tuition reimbursement programs (illegal)
4. Working Conditions on the Job Union shop clauses (in states with right-to-work law)
Hours of work and work schedules Strike insurance or mutual aid plans (MAPS)
629
8.5.1.7. NLRB’s Concept of “Good Faith” and
“Bad Faith” Bargaining

In determining whether an unlawful refusal to bargain has


occurred, the Board and the courts normally probe the conduct
of the parties for evidence of their subjective “good faith.” In
some situations, the Board will find a “per se” violation of
Section 8(a)(5). A “per se” violation occurs when an employer
refuses to discuss a mandatory subject of bargaining, insists until
impasse on a permissive or illegal subject of bargaining, or makes
unilateral changes in proper subjects of bargaining. (Anon.,
1957)
What is said by management to employees and actions taken Fig. 8.5.1. TIPS: what a man-
toward them during labor negotiations will be considered by ager cannot do.
the NLRB to be the acts and opinions of the company. Every
supervisor and member of a management team must realize that
any word or action by them may give rise to an unfair labor
practice charge by the union. present company operating procedures and performance stan-
The following few ground rules are offered to help under- dards.
stand the areas of permitted and prohibited conduct by supervi- 6. Management can handle employee complaints and prob-
sors and all members of management (Anon., 1979). By no lems on the job without going through any union “shop steward”
means are these statements to be considered complete on the or union grievance procedure. This will continue to be the super-
subject. Any questions which arise as to proper legal conduct visor’s responsibility in all bargaining unit departments and clas-
should be referred to a labor attorney. sifications.
What Management Cannot Do or Say. 7. Management can tell employees that the company plans
1. Management cannot bargain individually with employees to keep operating to serve its customers during labor negotiations
on even minor matters pertaining to wages, benefits, and working and during any union strike if a strike ever took place.
conditions.
2. Management cannot threaten to close or move, or to 8.5.1.8 Management Guidelines on Making
drastically reduce operations, to avoid the union.
3. Management cannot threaten to discharge employees Unilateral Changes in Wages, Benefits, and
who engage in union activity. Working Conditions
4. Management cannot threaten, coerce, or in any way in-
timidate employees in their right to engage in union activity. Once a collective bargaining relationship is established, an
5. Management cannot spy on meetings. employer is not free to change his policy regarding such things
6. Management cannot promise employees a pay increase, a as sick leave, wage increases, vacation time, or any other term
promotion, betterment, benefits, or special favors not previously or condition of employment without negotiating with the union
offered to the union in negotiations. about them.
7. Management cannot call individuals or small groups of Unilateral action by an employer during bargaining that
employees in the bargaining unit in to supervisors’ or manage- affects the wages, hours, or working conditions of employees is
ment offices to make anti-union speeches. normally indicative of bad faith on the part of the employer.
8. Management cannot make false statements about the However, the continuation of wage scales already in effect or the
union or its position on issues in negotiations. implementation of increases already promised to employees is
9. Management cannot make a statement or hint that the not unlawful.
company will not negotiate in good faith, or that management There are, however, limited circumstances when an em-
does not want a contract, or that management will never sign a ployer may institute unilateral changes while a collective bar-
contract. gaining relationship exists. These circumstances exist when the
10. Management cannot show favoritism between pro-union union has waived its right to bargain about a particular subject
and anti-union employees. or where an impasse in bargaining has been reached.
The TIPS model is an easy and effective way to remember
the foregoing things a manager cannot do (Fig. 8.5.1). 8.5.1.9 Recommended Ground Rules for Labor
What Management Can Do and Say.
1. Management can tell or describe to employees the com-
Negotiations
pany’s position in negotiations and the reasons for it. It must 1. Negotiations are divided into two phases: (a) contract
always be completely accurate and factual. language and noneconomic issues, and (b) economic and money
2. Management can talk with employees about the status of issues. The first area of discussion between the parties is limited
negotiations and answer any questions they may have on any to contract language and noneconomic items.
issues. 2. In advancing contract proposals and language, both par-
3. Management can enforce company rules fairly and impar- ties have the right during negotiations to substitute proposals for
tially in accordance with past practice and published rules. those included in the first draft and to add to or delete proposals
4. Management can tell employees the company will comply as negotiations proceed and the problems arising therefrom be-
in good faith with all legal requirements in any future dealings come apparent.
with the union. 3. Both parties present demands or counterproposals in
5. Management can continue to manage its business and writing whenever possible. There is no tentative agreement
supervise its people in all departments according to past and reached on anything not reduced to written form, read aloud to
630 MINING ENGINEERING HANDBOOK
both sides, and agreed upon as the understanding between the
parties. As complete articles and paragraphs of each article are
PROGRESSIVE DISCIPLINE
agreed upon verbally, they are retyped with copies provided each SYSTEM
party, proofread, and then initialed and dated by both the union
and the company. These are filed together pending total tentative
agreement on the entire contract.
4. As proposals and counterproposals are considered and
tentatively agreed to by the parties, it is understood that such
tentative agreement will become final only after total agreement
on all parts of the contract is reached by the negotiating team
for each side, and after approval by the company’s board of
directors, and after ratification by the local union and the inter-
national union, if required.
5. During all negotiating sessions, both parties equally share
in the cost of meeting room expenses.
6. Should an employee be asked to serve on the union negoti-
ating committee, and if such negotiating session is held during
the employee’s scheduled work shift, the employee may be ex-
cused to serve on the union negotiating committee. Such excused
time will be noncompensable by the company.
7. Both parties agree to meet with each other at reasonable
and convenient times for the purpose of negotiating in good
faith.

8.5.2 PROGRESSIVE DISCIPLINE: DISCHARGE


RESPONSIBILITIES

8.5.2.1 Progressive Discipline


The role of a supervisor is to counsel effectively with an Fig. 8.5.2. Summary of the discipline process.
employee and obtain the best possible job performance and job
behavior. To the extent that behavior is not consistent with
desired work requirements, it is the obligation of each supervisor
to counsel with each employee to obtain this maximum job 8.5.2.2 Eight Steps on Correcting an Employee
performance. As these discussions take place, each meeting
Properly
should be documented.
The first verbal discussion with an employee about a job- 1. Never criticize, correct, or reprimand your employee be-
related problem is not necessarily a formal “write up.” However, fore others. Employee discipline and correction are a private
you may want to write yourself a note and/or route to personnel matter.
file. The purpose of this is to “jog” your memory as to when 2. Never try to correct or reprimand an employee when
this conversation took place and what was said. If the problem tensions are high.
continues, the verbal discussion should be confirmed with a 3. Listen. Listen quietly to your employee’s point of view of
written correction notice. This notice should spell out the inap- what happened. He/she may see the situation more clearly than
propriate behavior and a detail of your concerns about corrective you do. Even if he has a distorted view, let him get it off his
action. It is suggested giving the employee a copy of this notice. chest.
If the inappropriate job behavior continues, further progres- 4. Share the blame if necessary. Accept your part of the
sive discipline should be exercised. With each continuing applica- responsibility for the mistake. Perhaps you did not give your
tion of discipline, a confirmation in writing must be made. The employee adequate training or preparation. Or maybe you did
number of corrective steps and resulting documentation depends not forewarn him/her that this type of problem or situation
upon the severity of the questionable work performance and the might arise. Your becoming a “center” with him helps ease the
steps outlined in your discipline procedure. load and assures him that he is not alone.
When the time comes to implement a discharge, in most 5. Discuss the problem rather than the employee. Be con-
cases, it means that management failed in its counseling efforts cerned with correcting a mistake because it is a mistake. Do not
with the employee. Accordingly, when the discharge decision is focus on the person or his/her personality. To all of us, our
ultimately communicated to the employee, it should not be a person and personality are usually sacred ground.
surprise, for the last discussion prior to the discharge should 6. Deal with “why” as well as “how.” Many supervisors tell
have warned of the pending consequences. employees what they are doing wrong, but not why they should
Each termination should be fully documented. The exact do something another way. Explain your recommendations fully.
reasons for separation should be noted on the separation form. Make certain that you and the employee are shooting as the
It is suggested that the employee sign his separation form, along same target with the same kind of gun.
with you, to verify the information stated. The original separa- 7. Find a better way. A correction or disciplinary interview
tion notice is to be returned to the employee’s personnel file and is not a success unless there is agreement on a better way. No
a copy should be given to the employee. See Fig. 8.5.2 for a one likes to be told flatly that he/she is doing something wrong.
summary of the discipline process. He/she will dislike it even more if he/she is left up in the air
LABOR RELATIONS AND TRAINING 631
with no solution to his/her problem. Through free give-and- ployee action is not of lesser significance, but is instead afforded
take, try to settle on an approach that you both agree will be the full panoply of rights and remedies granted to employee
better. union activity.
8. Finish your correcting and disciplinary interview on a Perhaps the most appropriate way to address group em-
high note. End on a note of optimism and confidence. Don’t let ployee activity is to consider it as being a form of union activity.
your employee feel you have less confidence in him/her because It can be said that, for its duration, protected, concerted activity
the problem arose (Anon., 1988). is in essence de facto union activity, in that it is, for that instant,
an attempt to bargain collectively over wages, hours, or other
8.5.2.3 How to Avoid Firing Mistakes: A conditions of employment.
In order for employee group action to be protected, it must be
Supervisor’s Checklist both protected activity and corrected activity. Not all employee
When an employee continues to pay no attention to rules and group activity is protected, concerted activity in that one of the
disciplinary action where an offense is repeated, or misconduct is necessary elements will be absent. If it is clearly protected activ-
serious enough for discharge on the first offense, decisive action ity, that is reasonable and reasonably related to wages, hours,
must be taken. However, most discharges can be planned so and conditions of employment, but is not group activity, then it
careful consideration is given to all circumstances. is not protected, concerted activity. Conversely, if it is clearly
To help guide you through this area, we suggest you stop group action, but is unrelated to wages, hours, and conditions
and carefully review the following checklist before any employee of employment, or irresponsible in its conduct, it is not protected,
is ever discharged. Chronic rule violators who continue to men- concerted activity.
ace efficient operations must be dealt with accordingly. On the If the task of determining whether or not particular employee
other hand, every employee represents an investment in time actions are protected and concerted activities seems at times
and money—our employees are our most valuable asset! Ask complex, the reader probably has a good grasp of its complexi-
yourself these questions, before you fire an employee: ties. At times protected, concerted activity is clearly recogniz-
1. Has the policy or rule been properly communicated to able—at times it is vague—at times it is only a legal invention.
the employee? Nevertheless, following a formula similar to the one pro-
2. Have I been objective and treated this employee the posed hereafter will simply, or at least structure your determi-
same as another would be treated for the same offense? nation:
3. Have I accumulated all of the facts accurately? 1. Determine if the actions are protected
4. If it is a repeated offense, has the employee been properly l Is the object legitimate?
reprimanded in the past and have written corrections been l Is the conduct permissible?
issued? 2. Determine if the actions are concerted
5. Is the employee guilty by his/her own actions or by 3. If the actions are not clearly concerted
association with another employee? l Is the employee acting, by admission, on behalf of other
6. Is the employee involved in “protected concerted activ- employees?
ity,” complaining about a job-related problem involving another Or, if not,
employee(s)? l Do any facts suggest such a representative capacity?
7. Am I taking action against the employee because he/ 4. Determine if the acts of the sort in which “groupness” is
she has “challenged my authority”? implied by law.
8. Does the punishment fit the offense?
9. Was the employee’s guilt supported by direct objective 8.5.3.1 How to Handle Protected Concerted
evidence, as opposed to just suspicion? Activity
10. Has a top management official reviewed the facts and
approved the discharge, or should I suspend the employee first Section 7 of the Act declares that employees have the “right
to review all facts? to engage in mutual aid or protection” for themselves through
Remember, this recommended checklist is not very helpful concerted activities on your premises during work time and
after a discharge. If there is any question about facts or reasons nonworking time. If your employees engage in protected con-
for discharge, suspend the employee instead of firing, during an certed activity:
l You should meet with them and listen to their complaints
investigation of the facts (Anon., 1988).
about wages, benefits, or working conditions. Tell them you are
concerned about their job satisfaction—that you are interested
8.5.3 MINE MANAGEMENT GUIDELINES FOR in their well-being—and, that you do want to listen to their
HANDLING WORK STOPPAGES complaint, concern, or problems. You have the right to listen to
(not negotiate with) them individually or in small group meetings.
A misconception held by many is that the National Labor l You should ask “leaders” of employees engaged in con-
Relations Act only protects employee efforts in organizing, sup- certed activity on a one-to-one basis, why they feel the way they
porting, or joining labor organizations. Employers and employ- do about the particular complaint or problem and, what they
ees are often unaware that many other kinds of group actions by are asking for in terms of improvements or solutions to these
employees are also protected by the NLRA, regardless of the complaints or problems.
presence or absence of any union activity. l You must not discipline or discharge any employee for
The idea that employee group action is protected from em- engaging in protected concerted activity. This includes verbal
ployer retaliation emanates from Section 7 of the National Labor warnings, written warnings, or disciplinary suspensions.
Relations Act, which provides in part that employees shall have l You must not threaten, coerce, or intimidate any employee

the right “to engage in . . . concerted activities for . . . mutual for engaging in protected concerted activity. You are prohibited
aid or protection,” 29 U.S.C. Section 157. It is this same Section by Section 8(a)(l) of the National Labor Relations Act from
7 that affords employees the right to freely engage in union intimidating, coercing, or restraining employees in the exercise
activity. The significance of this is that protected, group em- of their right guaranteed in Section 7 including the right to
632 MINING ENGINEERING HANDBOOK
engage in protected concerted activity for their mutual aid or 8.5.3.3 Document Carefully
protection.
l You should not commit yourself or agree to making any
changes in wages, hours, benefits, or working conditions or to To protect yourself from ever-present danger of an Unfair
reinstate any discharged employees while the employees are en- Labor Practice (ULP) charge, you must have a detailed record
gaged in a work stoppage, strike, sit down, or slow down. Do not of every incident involving the work stoppage, sit down, or re-
let yourself be “blackmailed” by employee threats, ultimatums, fusal to perform assigned duties. A conscientious person should
deadlines. Make every effort to persuade the unhappy, dissatis- be assigned the responsibility for maintaining a “Daily Strike
fied employees of your sincere and genuine interest in removing Log” to record every incident, either major or minor. This log
any cause of their job dissatisfactions, but you will need time to should include the following information:
look into the matter carefully and in depth. 1. Names and job classifications of employees engaged in
the concerted activity.
2. Date, time of day, and location of activity taking place.
3. Type of concerted activity.
4. Description of any verbal threats (verbatim if possible) or
8.5.3.2 If Concerted Activity Does Occur: How to strike misconduct with the identity of individuals involved—
Operate With New Replacements perpetrator, recipient, and witnesses. Take written, signed, and
dated statements from recipients of misconduct.
Employees may refuse to “clock in” and report to work Document all “permanent replacements” for employees en-
or fail to continue performing their assigned job duties during gaged in concerted activity. This would include:
scheduled work time. If this protected concerted activity occurs, 1. Name of new employee hired as permanent replacement
you have the right to inform them of a deadline by which they for the employee engaged in the protected concerted activity,
must report to work and continue their job duties or else they date of employment, first day worked, shift, rate of pay, immedi-
will be subjected to being replaced with other (new) employees. ate supervisor.
The NLRB permits management to hire a permanent replace- 2. A notation indicating that the new employee has been
ment for any person who engages in any economic strike (a work told that he/she is being hired as a replacement for an individual
stoppage involving wages, hours, and working conditions) or any engaged in the concerted activity. Place a copy of this permanent
employee engaged in concerted activity even though the activity replacement notice in the new employee’s personnel file and a
is “protected.” You cannot discharge or suspend any employee copy in the personnel file of the replaced employee who is engag-
for engaging in protected concerted activity. But you do have the ing in the concerted activity. You need only tell the new em-
place to replace the employee permanently with a new employee ployee he/she is being hired as a permanent activity. Do not
yet to be hired. pinpoint a specific named individual because, while this activity
Your deadline for reporting to work or continuing work is going on, you may have to shift employees around to cover
must be communicated by a bulletin board notice, mailgram, or protection and service needs. You may then wait until the strik-
letter to the employees’ homes as well as verbally to individuals ing employee wants to return to work to determine who specifi-
or in small group meetings on the premises. (Caution: it is ex- cally has replaced him/her.
tremely important that all verbal and written communications
from management to employees engaged in concerted activity
be screened and approved by a labor relations consultant or 8.5.3.4 When Employees Call In or Report Back
labor attorney. The communications must be free of any threats,
coercion, or intimidation as a result of their protected concerted to Work
activity.)
You may use properly worded advertisements in your local When the employees who are engaged in the concerted activ-
newspaper or on radio and TV to announce permanent job va- ity call in by telephone or report in at the end of the work
cancies that are created by employees who are refusing to per- stoppage, wanting their job back, if they have been permanently
form scheduled work by withholding their services. Such adver- replaced, tell them so. There is no need to disclose the name of
tisements should include a statement to the effect that there the new person hired as their replacement.
presently exists a work stoppage involving several employees. If the replaced employee makes an unconditional offer to
The advertisement may list positive statements about your return to work, then you are required to place them on a “Prefer-
wages, excellent benefits, and good working conditions to attract ential Recall” list for the next available position in which they
as many qualified applicants as possible. are qualified. They must be recalled before you hire additional
It is recommended that your advertisement include a brief employees off the street. To provide documentation, you are re-
“application for employment” and a telephone number that will quired to record their name, date of unconditional offer to return
be manned during the evening and on weekends. Thus interested to work, and former job classification. You cannot refuse to take
applications may “mail in” an application or call for further them back unless the employee that was permanently replaced
information without taking time off from their job or coming finds substantially equivalent employment elsewhere, quits, or
onto your premises. resigns, or you abolish their former job for business or economic
Your response to a striking employee or employees will de- reasons. Otherwise, should the replacement employee leave the
pend, to some extent, on the cause of the strike. If the strike or job, the employee replaced must be offered the job now available.
work stoppage is to protest conduct by the employer that is You may hire new employees to replace employees engaged
found to be in violation of the National Labor Relations Act the in a work stoppage, strike, or refusal to perform assigned duties
strikers are said to be unfair labor practice strikers and may not at the current hourly or salary rate for that particular job classifi-
be replaced. If the employees are on strike in support of such cation. You cannot promise new employees who are hired as
bargaining demands as wages, working conditions, or recogni- permanent replacements more pay, benefits, or better working
tion, the strikers are considered to be economic strikers and may conditions, or to actually give any of these to them in order to
be replaced. induce them to come to work as new replacements.
LABOR RELATIONS AND TRAINING 633
8.5.3.5 Ground Rules for Managers and collective bargaining agreement expires. The wildcat is in viola-
tion of the no-strike clause of an existing labor contract. MAN-
Supervisors During Protected Concerted Activity AGEMENT CAN ASSERT CONSIDERABLE PRESSURE,
Work Stoppage including discipline up to and including discharge, to put an end
to this kind of work stoppage.
What we say to employee strikers and the actions taken 1. When a supervisor senses that a WILDCAT STRIKE
toward them during a strike situation will be considered by
IS IMMINENT (because of employees’ grumblings and hesita-
the NLRB to be the acts and opinions of the company. Every
tion in response to an unpopular management decision for exam-
supervisor and member of the management team must realize
ple), the supervisor should immediately alert his immediate su-
that any careless word or action by them may give rise to an
pervisor and/or superintendent. The manager will often take
unfair labor practice charge by the union. We must all prevent
this from happening. over direction of the situation. In many cases, it will be desirable
The following few ground rules will help you know and to have the supervisor do the talking to the rebellious rank-and-
understand the areas of permitted and prohibited conduct by filers whom he knows and with whom he deals every day. The
supervisors and all members of management. By no means are labor consultant or labor attorney should be called immediately
these statements to be considered complete on the subject. Any and possibly the union should be called immediately either by
questions which arise as to proper legal conduct will be referred the company itself, its labor consultant, or labor attorney.
to a labor attorney. 2. The supervisor SHOULD GET HOLD OF THE
UNION STEWARD and advise him of his obligation to tell the
employees that the strike violates the contract and subjects them
8.5.3.6 What Management Cannot Do or Say to extreme penalties; that the grievance procedure established
1. Management cannot bargain individually with employees under the contract must be invoked to settle their gripes.
on even minor matters. 3. Supervisors should KEEP AN EYE ON LOCKER
2. Management cannot threaten to close or move, or to AREAS, water coolers, and time clocks where wildcatters are
drastically reduce operations. apt to congregate at the outset of their stoppage. All-out efforts
3. Management cannot threaten, coerce, or in any way in- should be made to snuff out wildcats at the start.
timidate strikers in their right to strike. 4. If employees have no reasonable excuse for being off the
4. Management cannot visit strikers’ homes to persuade job, a supervisor should ASK THEM TO RETURN TO WORK
them to return to work. and use the established grievance procedure. (Should be in em-
5. Management cannot take pictures (photographs or vid- ployee handbook or posted on bulletin board.)
eofilm) of peaceful picketing or distribution of handbills when it 5. The supervisor should WARN THE EMPLOYEES that
takes place off company property. refusal to work violates the contract and subjects them to disci-
6. Management cannot promise strikers anything to try and pline, perhaps discharge. Supervisors should not leave it to the
solicit them to stop striking and return to work. union steward alone to get the employees back to work. How-
ever, the supervisor should not guarantee that if the wildcatters
8.5.3.7 What Management Can Do and Say go back all will be forgiven. Supervisors SHOULD BE SILENT
ON THIS, not committing the employer before getting explicit
1. Management can tell employees we plan to keep operating instructions on this point.
to serve our customers—strike or no strike. 6. Employees should be reminded that they will NOT BE
2. Management can tell employees that federal law gives PAID for time not worked.
them the right to strike or not to strike, and we will respect that 7. Supervisors should ASK EMPLOYEES WHY THEY
right.
HAVE STOPPED WORK, but they should not “negotiate” a
3. Management can tell employees that federal law gives our
settlement of the grievance or discuss it in any way, until the
company the right to hire a permanent replacement for anyone
employees are back on the job.
who engages in an economic strike.
4. Management can enforce company rules fairly and impar- 8. Supervisors must be instructed to be sure to observe the
tially in accordance with past practice published rules. efforts made—or not made—by the stewards and other union
5. Management can speak to strikers on the picket line so officials to end the stoppage.
long as no promises or threats are made to solicit them to give 9. Supervisors should TRY TO PREVENT THE STRIKE
up the strike, abandon the union, and come back to work. FROM SPREADING. Discouraging wildcatters from standing
6. Management can permanently replace an economic around in idle groups may help. Supervisors in adjacent areas
striker unless he has made an unconditional offer to return to should be advised about the situation at once.
work before the time he was replaced with another person. 10. It is essential for supervisors to record, accurately and
7. Management can refuse to reinstate an economic striker with all relevant detail, all of the facts involved in a wildcat. Each
if he has committed strike misconduct, made threats to other supervisor should try to have a witness with him, if possible, to
employees, damaged personal or company property, or used corroborate what was done and said. An accurate written record
force to prevent other employees from crossing a picket line. can help sustain company disciplinary decisions before an arbi-
trator; buttress a possible damage suit in court. Corroboration
adds that much more. It should be impressed on supervisors
8.5.4 HANDLING A WILDCAT STRIKE that they are the management men immediately on the scene.
Supervisors, specifically, should observe and record:
8.5.4.1 What to Do Before and During a Wildcat A. WHO STOPPED WORK: WHO STOPPED FIRST
(AN INDICATOR OF LEADERSHIP OF THE STRIKE)?
Strike B. WHO WERE THE STRIKE LEADERS?
There is a major difference between a wildcat strike and C. DETAILS OF WHAT HAPPENED, WHEN, AND
one that is authorized by the union to enforce demands after a WHERE.
MINING ENGINEERING HANDBOOK
D. DETAILS OF WHAT WAS HEARD AND OB- Table 8.5.1. Comparison of Child and Adult Learning
SERVED: WHAT THE SUPERVISOR SAID, AND TO Children Adults
WHOM.
E. WHO THE WITNESSES ARE. Concept of learner Dependent Self-directed
11. Ask the following questions of every wildcatter as he
Role of learner To be built upon To be used as a re-
leaves the job:
source
“WHERE ARE YOU GOING?”
“WHY ARE YOU DOING THIS?” Readiness to learn Curriculum Develops from
“WHO TOLD YOU TO TAKE THIS ACTION?” own motivation
12. Get pictures of picket line, work stoppage or slow down, Orientation Subject Life centered
and picket signs. Motivation External Internal
13. Advise local union and international union officers by
Climate Low trust formal Trust
telephone, confirmed by wire, confirmation of delivery, that ille-
mutual respect
gal stoppage exists and that positive and affirmative action be
taken to halt the stoppage. Please be advised that the local and Planning By teacher Mutually
international union will be held responsible for losses incurred Diagnosis of needs Teacher Mutually
should positive and affirmation action not be taken! Setting of objectives Teacher Mutually
14. NEVER AGREE TO NEGOTIATE THE END OF A
“WILDCAT.” Agree only to discuss an existing grievance after Designing learning plans Teacher Learning contracts
employees are back to work. Activities Transmittal Various techniques
15. Different levels of discipline are acceptable according to Evaluation By teacher By learner
degrees of guilt; however, all in each level must receive the same
discipline.
16. When in doubt as to appropriate discipline to give wild-
cat striker—suspend the striker pending a review of the facts
and circumstances surrounding the work stoppage and final doc- children learn, see Table 8.5.1). One cannot teach adults in the
umentation. same way that children have been taught in the past.
Who is the adult learner? The adult learner can be character-
ized as follows:
l The adult has his or her own set of values, needs, beliefs,
8.5.5 TRAINING AND DEVELOPING HUMAN
attitudes, self-concepts, and past experiences that are brought to
RESOURCES the training session.
l The adult comes to learn what he or she wants.

l The adult comes to learn when he or she wants.


8.5.5.1 Today’s Training Scene
l The adult chooses what he or she is going to learn.

Training and developing employees and managers is becom- l The adult has his or her goals for life set.

ing a number one priority in today’s workplace. The employer l The adult wants his or her needs met in the learning
no longer has the option to train or not to train—the question experience.
simply is how much and when? The mining industry will experi- l The adult is somewhat of a neglected learner when treated

ence this need as automation increasingly makes an impact in as a child.


the workplace and new jobs and employees are required. As the l The adult has limited time for learning.
mining labor supply gets smaller, it will be necessary to keep and These factors all affect the working place and the training
develop the resources that the industry has. In this segment, the that takes place there. They must be taken into account when
topics to be covered are the people to train, when to train, how seeking to train a person.
to train, how to plan for training, and how to evaluate training. The other part of understanding the individual to be trained
The training field today is getting more sophisticated and is looking at the training and what the individual’s needs are at
professional. There are more training materials of various types present. Training involves either a new employee or a current
available than ever before. There are better equipped trainers. employee. New employees come to the training eager to learn
These developments in turn provide more tools to meet individ- because it will mean being able to do the job for which they have
ual training needs. been hired. It will mean new skills. What do they want to learn?
Professional and business conditions have led to the era of They want to learn about the company, how to do their job, and
the lifelong learner. Workers will have to continue to learn all how the workplace operates.
of their lives or become obsolete. For example, it is said that the Present employees come to the training experience either
productive work life of an engineer after graduating from college reluctantly or eagerly. They will be reluctant if they cannot see
is four to six months before he or she has to start learning new the advantage of the training, or if they have been sent because
things. This lifelong learning has to be deliberate, planned, and of something they have done. They will be eager if they can see
continuous. the need and the advantages of the training.
What do today’s employees want to learn? The American
Society of Training and Development and the US Department
8.5.5.2 People to Train
of Labor recently conducted a study of what employees want to
The first step in preparing to train people is to have a clear learn in the workplace, of the skills they need to do their job
understanding of the people to be trained. The better the under- (Carnevale et al., 1989). Today’s employee wants and needs these
standing, the more effective the training can be planned and key basic skills:
conducted. In most cases, training centers on the adult learner. 1. Learning to Learn—The ability to learn new skills.
The adult learner is mature and a different breed. He or she is 2. Listening—The ability to really hear what others are
different from the child (for a comparison of how adults and saying.
LABOR RELATIONS AND TRAINING 635
3. Oral Communication—The ability to communicate ef- The first step in planning for training is to do a training
fectively orally. needs assessment. The purpose of the assessment is to determine
4. Problem Solving—The ability to solve problems on one’s the present and future training needs of the organization. When
own. these data are gathered, a training gap usually emerges; then
5. Creative Thinking—The ability to come up with new plans can be made to bridge that gap. The training needs assess-
ideas. ment provides a sense of direction; it points the trainer in the
6. Self-Esteem —The ability to feel good about one’s self. right direction.
7. Goal Setting—The ability to set realistic goals. How is a training needs assessment conducted? The follow-
8. Personal and Career Goals—The ability to set clear ing steps are suggested:
goals. Step 1. Determine the training needs of the organization.
9. Interpersonal Skills—The ability to relate effectively to What kinds of training are needed for the organization to
others. operate at top efficiency? Here one needs to look at the organiza-
10. Team Work—The ability to work on a team. tion as a whole and what kinds of management training, em-
11. Negotiation —The ability to build consensus. ployee training, safety training, and technical training are needed
12. Organizational Effectiveness—The ability to understand at present. In this way, a complete picture is obtained.
the direction the organization is headed. Step 2. Assess present training.
13. Leadership—The ability to assume responsibility. Now that the idea is before management, the next step is to
In planning for training, it is important to have a thorough look at what is being done at present. What kinds of training are
understanding of the person to be trained and his/her needs. being offered? How is it being done? Who is doing it? The process
One can then plan the training more effectively. normally will turn up a gap between the real and the ideal
Step 3. What is the present skill level of the people?
Then it is time to look at what is available. What training
8.5.5.3 When Does Training Occur? do the people have, and what training do they need to do the job
When are the best times to train? Here are some key times more effectively? Very likely one will again discover the differ-
when training can be most effective: ence between what is available and what is needed.
1. When an employee is new. Step 4. Bringing the data together.
2. When a promotion is coming or given. Now it is time to bring all of the data together and discover
3. When jobs are restructured. the training gaps. At this point, there is a comparison of the
4. When there is a slowdown or shutdown. ideal with the real, what is needed?, what is available?, and
5. When the quality of the work needs improvement. what is needed to bridge the gap. Regarding training needs,
6. When it has been planned. conclusions can then be drawn.
With the assessment done for the organization, a master
training plan can be developed. The elements in the master plan
8.5.5.4 Types of Training are (1) the training mission statement, (2) training goals, (3)
Training in the workplace involves several types of training. training strategy, (4) training plan, and (5) an implementation
1. Cross Training: Cross training is training persons to do plan.
a number of jobs within the company so that they can be shifted The training mission is the purpose or reason for doing the
from job to job as needed. As fewer people are required in the training. It is what needs to be achieved in providing training
mining industry, this will become more viable. for human resources. Take this example of a training mission
2. Retraining: Training of present employees for a new job statement:
when their jobs have become obsolete or the procedure for doing “The training mission of XYZ Coal Co. is to provide the
the job has been changed. finest training available for our most valuable assets, our human
3. Employee Training: Training designed specifically for the resources. We will keep these skills up-to-date so that we are
employees. This may include technical safety or human relations able to perform at top efficiency.”
skills. It may be done on site, or they may be sent to a seminar or Note how this statement sets both tone and direction for the
workshop. It focuses on what they need to do the job effectively. company.
4. Required Training: This is training that is mandated by Training goals are developed next. They are taken from the
the federal or state government for the mining industry. An mission statement. They are the specific objectives to strive for
example is training on hazardous materials mandated by the in conducting training in an organization. They are the overall
Occupational Safety and Health Administration. guides that will be aimed for in training. Based on the mission
5. Technical Training: Training focuses on the technical statement, the next step is the training goals of XYZ Coal Co.,
skills needed to do the job effectively. It is usually very structured which are
and “hands on.” 1. To provide the finest training available.
6. Management Training: Training focuses on the key skills 2. To provide training for the most valuable assets, human
that a person needs to manage people effectively in today’s work- resources.
place. 3. To keep the employees’ skills up-to-date.
7. Executive Development: Specific training for executives 4. To train to perform at top efficiency.
to learn to develop their skills to work as team and to manage Once the training mission and training goals are developed,
the organization more effectively. a training strategy is needed. The strategy is how to do it. It is
how to carry out the mission and to accomplish the goals. The
training strategy of XYZ Coal Co. is
8.5.5.5 Planning for Training
“Our training strategy at XYZ Coal Co. is to provide our
It is extremely important that training be planned. If not, it training in-house. We will provide all the training needs to do
may not achieve the stated objectives. If a helter-skelter approach the job effectively. Training will be planned according to the
is used, the training may end up getting no where, and no one goals of the company and the needs of the individuals. We will
will increase his or her skill level. seek constantly to bridge our training gap.”
636 MINING ENGINEERING HANDBOOK
The training strategy is followed by a training plan. The who will deliver it. In implementing a training plan, it is good
training plan outlines the kinds of training that will be included to follow it as closely as possible. XYZ Coal Co. also has an
in the process of meeting the strategy, the mission, and the goals. implementation plan.
It will outline the kinds of seminars that will be held, the kinds The implementation plan for XYZ Coal Co. contains these
of hands-on training that will be conducted, and the kind of elements:
individual instruction that will take place. This plan will be 1. January: Management Seminar: Identify elements of em-
reviewed annually as the needs change. ployee orientation training program.
The training plan of XYZ Coal Co. consists of the following: 2. February: Management Seminar: Begin writing orienta-
1. Conduct one seminar for managers each month. tion program; assign persons to develop technical manual.
2. Develop technical training guides and train supervisors In addition to the organization plan, individual training
to use them. plans for the persons in the organization may be developed. This
3. Develop an orientation program for all new employees. allows focusing the individual’s training where it will do the
As can be seen, XYZ Coal Co. has pinpointed specific areas most good. It will show that the individual’s training needs
to focus on. are taken seriously. The training gap analysis is a method of
All this leads to implementation. An implementation plan is determining the individual’s training needs. An example of a
needed of the exact time that the training will be delivered and training gap analysis is included in Table 8.5.2.

Table 8.5.2. Training Gap Analysis, Employee


Employees’
present
skill

Skills
needed to
do job
now and
in the
future

Training gap analysis

The training gap analysis is a tool for planning training and retraining of managers and supervisors.
The training gap is the distance between the present level of training and the desired level to do the
job effectively now and in the future. The training gap analysis helps you identify the areas in which
you as an employer need to provide training to develop and preserve your human resources.

Position

Step 1. Developing a job description


The job description outlines the duties of the job and the skills necessary to perform it. This is the
foundation of the training gap analysis.

Step 2. Identify present skills


What skills does the employee have now that meet the requirements of the job description. Identify
technical and human relations. If you do not have one, now is the time to develop one.

Human relations—interpersonal skills


LABOR RELATIONS AND TRAINING 637

Technical skills—list particular skills for the job

Step 3. Skills needed to do job effectively now

What skills are needed to do the job now. Identify human relations and technical skills. Look at the job
description and list in step two.

Human Relations
and
Management Skills Technical Skills

Step 4. Identify training gap


What skills does the employee need training to bridge the gap—Compare step two and three.

Step 5. Future skills needs


What skills will employee need in the next five years to stay current.

Step 6. Your plan to bridge the gap


To bridge the gap, the following training will be provided for this person.

A. In-house training
Type Date Trainer

B. Seminars away from site


Seminar Date

C. One-on-one coaching and counseling


Person Providing Date

D. Reading and self-study

The other part of planning for training is planning to conduct training resources. There are many kinds of training resources
the individual sessions. Here are some suggestions on how to on the market, and the following criteria are suggestions for
plan a training session: evaluating packaged training:
1. Master all the material in advance. 1. Will this training resource help meet the training mission?
2. Plan sequence of training. The following guidelines are 2. Will this training resource help meet the training
helpful: strategy?
a. Start the sequence with materials that are familiar to 3. Are the skills taught applicable to the workplace trans-
the trainee. ferrable from the classroom?
b. Proceed from simple to complex. 4. Will this material be understandable to all employees?
c. Place easily learned tasks early in the sequence. 5. Can this material be used more than once if it is pur-
d. Don’t overload one learning time, keep it focused. chased?
e. Provide adequate practice time between sequences. Careful evaluation of the material will permit a more effec-
f. Put most complex skills late in sequence. tive job to be done in training. Also unusable or unused materials
g. Plan training so one segment builds on another. will collect on the shelf.
3. Plan training schedules—when and how long? Next, how does one evaluate trainers? The following ques-
4. Gather all materials. tions will help in evaluating a potential trainer:
The last piece of planning for training is the evaluation of 1. What is the person’s training style?
638 MINING ENGINEERING HANDBOOK
2. What do others say about this trainer (references)? The behavior modeling process is a four-step process. If these steps are followed,
the process normally succeeds.
3. What kinds of evaluations does this person get?
4. Has the person conducted this seminar before?

8.5.5.6 Methods of Training


There are several ways the training can be delivered and take
place within the organization. Each has strengths in certain
situations. Each has its limitations. The methods of training are
as follows:
1. Self-Instruction: Self-instruction occurs when the em-
ployee takes the material and goes through it him or herself.
Here the worker may take the material while at the workplace
and take it home to study on his or her own time. This type of
material may be a workbook, video tape series, computer-based
training, or an audio tape series. Here the individual takes re-
sponsibility for learning the material and may be asked to pass
a written or hands-on test when he/she feels confident with it. Fig. 8.5.3. Behavior modeling.
The advantage of this is that the instruction can be individualized
and it can be self-directed. The disadvantage is that the employee
does not receive feedback from the instructor as the learning
process takes place. more effectively. He/she will not only know how to do it but
2. Mentor: Here an older or more experienced employee why it must be done a particular way.
Behavior modeling works like this. The trainer does the task
takes the new employee under his/her wing and trains the person
to do the job. The advantage of this is that it is “hands-on” and then explains to the person what he/she has done and why
training, and the person can learn the job effectively. The caution he/she has done it that way. Then the trainer asks the employee
or disadvantage here is that the training done by the mentor to perform the task, explaining how to do it and why. The trainer
must be carried out in the way that the company wants its people gives feedback as to how the task went. He/she may repeat
trained. If the training is done wrong, it is worse than no training this process several times until the person has the skill down
at all. Be sure to check the mentor out before turning him/her effectively. This method is highly effective in settings where tasks
loose. are taught as hands on (Fig. 8.5.3).
3. On-the-Job Training: This is hands-on training. The per- Four tools are helpful in supporting behavior modeling. They
son normally does not go to any formal sessions but does it all include coaching, positive reinforcement, counseling, and feed-
by simply working in the actual work situation. The advantage back. (See Figs. 8.5.4 through 8.5.7 for models of coaching,
of this is that the person learns by doing. The disadvantage to it positive reinforcement, counseling, and feedback.)
is that the person may not know the reason behind what he/she
is doing. 8.5.5.8 Training Evaluation and Record Keeping
4. Seminar: A seminar is a formalized training setting that
The last part of the training process is evaluation and record
can take place onsite or offsite. It ranges from one day to several
keeping. It is very important to keep good training records. The
days and may cover a variety of subjects or one subject. The
person responsible needs to know what he/she has done and the
advantage of this type of training is that it can provide more
individuals trained. Record keeping is a simple process that can
professional instruction. The disadvantage is that it may not
be done by hand. A sample form appears in Table 8.5.3.
cover the material in the way the employer considers useful,
Also there are many computerized training record programs
and the person may come back to the work situation frustrated
that can be purchased. These make it easier to keep training
because what he/she has learned is not applicable.
records by entering each time.
To complete the training process evaluation needs, there are
8.5.5.7 Proposed Training Method two methods of evaluation that may be used. One method is oral
evaluation. Here each of the trainees is interviewed separately;
Now we need to look at a proposed method of training. he/she is asked how it went and what the good points and bad
There are many methods available, but the most effective method points were. Alternatively, this also can be done in a group with
of training is behavior modeling. all persons sharing their evaluations together.
Before looking at how behavior modeling works, some back- The second method of evaluation is written. In this method,
ground would be helpful. Behavior modeling first appeared as a an individualized form is created or use is made of a prepared
method of instruction in the 1970s. It is based on the work of one. If the form is especially designed, one should ensure that
psychologist Albert Bandura. He concluded that people learn appropriate data are obtained. It should be custom designed to
best by imitating other’s behavior (modeling) and receiving an get the kind of feedback that is helpful both in evaluating the
immediate observable reward. B.F. Skinner expanded this into training and in designing future training experiences. A sample
reinforcement theory. Skinner says positive consequences pro- evaluation form appears in Table 8.5.4.
duce positive results, and negative consequences produce nega- The ultimate evaluation of training is successful transfer to
tive results. It has been adopted by many corporations today and the workplace. One can evaluate transfer by observation. The
is the theory behind a great deal of current training material transfer process works as diagrammed as Fig. 8.5.8.
(Zemke, 1978). How do skills transfer to the workplace? Skill transfer takes
Behavior modeling is based on the principle that if a person place through observation, imitation, practice, and adaptation.
sees a task being done correctly, and then has it explained as to The employee learns the skill by watching someone else perform
why it is being done that way, it will transfer to the workplace the task. Then he/she performs the task and practices it. Finally,
LABOR RELATIONS AND TRAINING 639
If an employee has problems during the training process, the coaching During the training process, the employee may experience one or more of the
symptoms below. If he/she does, the supervisor should sit down and have a
technique is a way to plan how to overcome the problem. In the counseling session.
coaching session, the employee and supervisor work together to
solve the training problem. AN EMPLOYEE NEEDS COUNSELING WHEN

1. There is failure/frustration.

2. There is discouragement about progress.


Talk with employee about problem S . 3. There is lack of confidence to do the job.
Agree that there is a problem.
4. There are personal problems preventing adequate
performance.

5. There is a bad attitude toward the job.

The supervisor and employee both


COUNSELING CHAIN - If the problem is not treated, the process looks like this:
suggest solutions to the problem.

They decide on a solution. The following guidelines are offered to assist during the counseling session.

1. State the problem -- Get person to acknowledge it.

2. Listen to the problem.

3. Generate solutions to the problem that are acceptable to both parties


Employee will try it. Supervisor
4. Agree on a solution.
follows up.
5. Implement solution.

Fig. 8.5.6. Counseling.

Positive reinforcement is given.

Feedback is of utmost importance during the training process. The


following guidelines are offered for good feedback.
Fig. 8.5.4. Steps in coaching technique.

1. Give frequent feedback: Do it all of the time

Positive reinforcement is a powerful tool for management to use during


training. It produces the desired behavior, and the employee feels good 2. Feedback on the behavior: Let the person know
about what he/she has learned. Positive reinforcement is rewarding the
his/her behavior is
employee with praise when he/she does it right.
correct.
STEPS IN POSITIVE REINFORCEMENT - This is how the process works:

3. Reflect the feelings of the Be sensitive to


worker: problems with the
new skill.

4. Perception Checking: How does the person


feel about the progress
being made?

5. Give timely feedback: Give it when the


situation occurs. Don’t
wait several days.
Fig. 8.5.7. Feedback.

the skill becomes truly his/hers when adaptation is made. This


happens when the person makes some adaptations to make it fit
him/her. For example, the left-handed person adapts a right-
handed procedure to fit his/her need.

REFERENCES
Anon., 1947, 1959, National Labor Relations Act, US Government
Fig. 8.5.5. Positive reinforcement during training. Printing Office, Washington, DC.
640 MINING ENGINEERING HANDBOOK
Anon., 1979, “What Management Can and Cannot Do During a Union- Carnevale, A.P., Cainer, L.J., and Smeltzer, A., 1989, “Workplace Ba-
ization Drive,” SESCO Management Consultants, Bristol, TN. sics,” American Society for Training and Development and US
Anon., 1988, “How to Avoid Discharge Mistakes,” SESCO Management Dept. of Labor, Washington, DC.
Consultants, Bristol, TN. Zemke, R., 1978, “Behavior Modeling. The Monkey See, Monkey Do
Principle,” Training Magazine, June.

Table 8.5.3. Training Record The employee w a t c h e s t h e t a s k


performed through the Behavior
Modeling Process.

Name Training Given Date Recommendations

The employee does the task in


the last steps of the Behavior
Modeling.

The employee performs the task


until it becomes comfortable on
the job.

The employee makes it his/her


own. He/She adapts the skill to
his style of doing things.

Fig. 8.5.8. Transfer of training.

Table 8.5.4. Evaluation of Training


Give us your evaluation of this seminar:

1. What did you like about this seminar?

2. What would you have done different?

3. On a scale of 1–10, with 1 being poor and 10 being excellent, How would you rate the instructor?

4. Additional comments

Please evaluate the seminar on the following aspects:

The Exercises used in the seminar were: (Poor) 1 2 3 4 5 (Excellent)

The Skills taught in the seminar were: (Poor) 1 2 3 4 5 (Excellent)

The Instructor was: (Poor) 1 2 3 4 5 (Excellent)

The Facilities were: (Poor) 1 2 3 4 5 (Excellent)